IT IS ORDERED: The order of the superior court issued on October 2, 2008 granting the Motion to Dismiss is AFFIRMED. An opinion will follow.It should be interesting to see the full opinion when it is issued. But for now it means that the Legislative Council may proceed to decide whether to release its investigative report tomorrow.
Entered at the direction of the full court.
The court's decision should not have been a surprise, but it was good to hear nonetheless. Some of the questions the judges asked during oral argument yesterday suggested that they were not viewing the appeal favorably. A newspaper reported them as follows:
Anchorage Daily News, October 8, 2008.
Clarkson [local counsel for the legislators], who was up first, didn't speak long before the justices began firing questions at him.
Justice Daniel Winfree asked how Clarkson figured his clients had any standing to sue based on the notion an unconstitutional investigation violates the individual rights of others, chiefly Palin's.
Because this is a case of "public significance," Clarkson replied.
"Is this one of public significance or just one of public interest?" Winfree shot back.
"It's both," Clarkson said.
Later, Justice Robert Eastaugh asked, "What are we to make of the fact" that a bipartisan panel voted unanimously to conduct the investigation?
Clarkson said the investigation has lost focus, that lawmakers exceeded their authority in launching it, and that it should be delayed until they can do a proper investigation for a constitutionally valid purpose -- making or changing laws.
That's just what the Legislature is doing, argued Peter Maassen, an attorney for Branchflower and the legislative panel overseeing his investigation.
McCain campaign releases Palin's own report clearing herself of wrongdoing. AP Press.
"McCain spokesman Taylor Griffin, who distributed the campaign's report, said it was written by the McCain-Palin campaign staff and based on public filings and Todd Palin's affidavit." Chicago Tribune.So I guess this is was not even the report that was supposed to be issued by the state Personnel Board, which is controlled by Palin. Sounds more like a press release.
The New York Times has a new story giving the details of Troopergate, "Palins Repeatedly Pressed Case Against Trooper."
The Guardian has a new Palin bio, "The chameleon - Who is the real Sarah Palin?"
and Fluffy says she really likes this one, "Cut, Kill, Dig, Drill" by Jonathan Raban in the London Review of Books. No one skewers people like the Brits.
For an excellent roundup on Troopergate, see this VIDEO news story by a reporter from the Anchorage Daily News that features film of conflicting statements made by Palin and staff about Troopergate. It includes the audio recording of the telephone conversation that showed that Frank Bailey (a Palin loyalist and Deputy Commissioner) had, in fact, not only discussed Wooten with someone at the state troopers' office but specifically said that Wooten was a problem that the Palins were concerned about.